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B. Sivaraman and ors. Vs. S. Ramalingam
Chennai
Mar-06-2007
Property
Indian Easement Act, 1982 - Sections 13, 13A and 13B; Transfer of Property Act - Sections 48 and 54; Registration Act - Sections 47; Easement Act, 1882 - Sections 13
AIR2007Mad221
stated in the recitals that the right conveyed under the said sale deeds include 'all ways, sewage rights, easements, etc.' and therefore, as per the contents of the said documents, the defendants are entitled to use the … have ingress and egress to his property as a matter of necessity under Section 13 of the Easement Act, even though the neighboring owner may be that person's husband.3. The facts leading to the above said appeals … Madras 226 and AIR 1966 Andrapradesh 233. He would also rely upon Sections 13A and 13B of the Indian Easement Act 1982 and illustration-A given
Tag this Judgment! AI Brief & AskManiyam Krishnan and anr. Vs. Maniyam Nanukuttan
Kerala
Nov-06-1985
Civil
Easements Act, 1882 - Sections 13 and 15;
AIR1986Ker75
not been adverted to or considered by both the Courts.9. I may now quote Section 13 of the Easements Act, 1882.'13. Easements of necessity and quasi-easements. - Where one person transfers or bequeaths immovable property to another, -- … is dismissed. In the circumstances, I make no order as to costs. Civil - right of way - Sections 13 and 15 of Easements Act, 1882 - suit for declaration of easement of right of way - suit
Tag this Judgment! AI Brief & AskPuttegowda @ Ajjegowda Vs. Ramegowda
Karnataka
Jun-22-1995
PropertyContract
Specific Relief Act, 1963 - Sections 34 and 41; Easements Act, 1882 - Sections 13 and 15
ILR1996KAR465; 1996(5)KarLJ306
to prove it in the light of provisions of either Section 13 or Section 15 of the Indian Easements Act. The learned Counsel for the appellant Sri Bhat elaborating his contention, submitted that the plaintiff purchased the plaint … allowing the plaintiff opportunity to provide necessary particulars and amend the plaint keeping in view the provisions of Sections 13 and 15 of Specific Relief Act as well as after giving an opportunity to defendant-appellant to file additional
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Macario Antonio Francisco De Cunha and Anr. Vs. Alex Fred D'Souza and ...
Mumbai
Feb-22-1991
Civil
Easement Act, 1882 - Sections 13 and 15; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 2
1993(1)BomCR465
the suit is decided on merits. In addition, the first plaintiff gets excess to the well.4. The Indian Easements Act was brought into force in the territory of Goa with effect from 1st November, 1978. The law relating … of 1990. Respondents No. 1 to 5 are directed to pay costs. Civil - modification of Order - Sections 13 and 15 of Easement Act, 1882 and Order 1 Rule 2 of Code of Civil Procedure, 1908 -
Tag this Judgment! AI Brief & AskRama Vs. Megha and ors.
Rajasthan
Apr-04-2002
Property
Easements Act, 1882 - Sections 13
AIR2002Raj309; 2002(3)WLC466; 2002(4)WLN24
for the benefit of the dominant heritage. 9. In fact, under the provisions of Section 5 of the Easements Act, 1882 (hereinafter called 'the Act'), a person can claim a prescriptive easementary right of way (survient tenement) through … does not arise. 10. The case has to be examined under Section 13 of the said Act, which permits easement by necessity and that cannot … Court rejecting the application of the non-petitioner No. 1 under Order 39, Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the Code'), restraining the petitioner to interfere with
Tag this Judgment! AI Brief & AskR. Paramasivan and anr. Vs. Smt. T. Anasuya
Karnataka
Feb-04-2005
CivilProperty
Indian Easement Act, 1882 - Sections 13, 13A and 14
AIR2005Kant240; ILR2005KAR1188; 2005(2)KarLJ390
13 A of the Easement Act, the Nagpur High Court has held that thus:'easement contemplated by Section 13(a), Easements Act, must be absolutely necessary for the enjoyment of the subject of transfer or bequest. Where a plaintiff claims … suit lavatory was no longer there. When the necessity came to an end, the easement of necessity was extinguished.Sections 13 and 14 of the Easement Act reads thus:Section 13. Easements of necessity and quash easements-Where one person transfers
Tag this Judgment! AI Brief & AskPedda Seetharamappa and ors. Vs. Pedda Appaiah
Andhra Pradesh
Nov-25-1960
Civil
Code of Civil Procedure (CPC), 1908 - Order 26, Rules 9, 10(1), 10(2) and 18; Easements Act, 1882 - Sections 13 and 15
AIR1962AP84
that arises is whether he has acquired that right as an easement of necessity. Section 13 of the Easements Act refers to easements of necessity and quasi-easements. It reads:'Where one person transfer or bequeaths immovable property to another: … - commissioner cannot be examined as witness under Order 26 Rule 10 (2). (ii) Easement of necessity - Sections 13 and 15 of Easement Act, 1882 - claim of right to way on basis of easement by necessity
Tag this Judgment! AI Brief & AskGopisetti Reddy and anr. Vs. Makam V. Balaramaiah Gupta and anr.
Andhra Pradesh
Dec-29-2003
Property
Indian Easements Act, 1882 - Sections 13 and 15
2004(2)ALD562; 2004(3)ALT562
and air claimed by the appellants-plaintiffs be negatived especially in the light of Section 13 of the Indian Easements Act, 1882'.3. The learned Counsel made elaborate submissions relating to the respective pleadings of the parties and also had … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised
Tag this Judgment! AI Brief & AskNunia Mal and anr. Vs. Maha Dev
Punjab and Haryana
Sep-20-1961
Civil
Registration Act - Sections 17; Indian Contract Act - Sections 23; Indian Easements Act - Sections 13, 15 and 47; Indian Limitation Act - Sections 26; Transfer of Property Act - Sections 40
AIR1962P& H299
of the plaintiff if any had been lost. The plaintiff's contention raised under section 13(f) of the Indian Easements Act was rejected and it was held, that on the facts proved on the record the ingredients required to … a judgment/order passed by a Single Judge in an appeal arising out of a proceeding under a Special Act. Sections 100-A [As inserted by Act 22 of 2002] & 104:[Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu,
Tag this Judgment! AI Brief & AskJagdish Prasad Agarwal Vs. Brij Bhushan
Delhi
Dec-13-1996
PropertyCivil
Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Easements Act, 1882 - Sections 13
1997IAD(Delhi)181; 65(1997)DLT111; 1997(40)DRJ376
correct facts; not come with clean hands; misrepresented facts, afterthought and claim not based on facts--Appeal dismissed. Indian Easements Act - Section 13--Easement of necessity and equal easements-- Family settlement--Sale deed executed--Leasehold rights transferred but title not transferred--Appellant … by itself does not mean he should be allowed to enter third party's property. Reliance by Mr.Rohtagi on Section 13 of the Indian Easement Act is misplaced. (10) MR.ROHTAGI'S reliance on the letter written by respondent No.1
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